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Madras High CourtCRL OP/2509/2015modified

Dharmaraj, v. State Rep. By

2015-02-04Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2015

CORAM

THE HONOURABLE MR. JUSTICE P.DEVADASS CRL.O.P. NO.2509 OF 2015 1.Dharmaraj 2.Manikandan .. Petitioners/A1 and A2

Versus

State rep. by Inspector of Police, Gomangalam Police Station, Tirupur District.(Cr.No.213/2014) .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 439(1)(b) of Code of Criminal Procedure, to modify the conditions imposed in C.M.P. No.8936/2014 dated 13.01.2015 on the file of the learned Judicial Magistrate No.II, Pollachi.

For Petitioners:

Mr.M.N.Balakrishnan For Respondent :

Mr.M.Mohamed Riyaz Government Advocate (Crl. Side) * * * * *

O R D E R

Petition for modification of the bail condition imposed by the learned Judicial Magistrate No.II, Pollachi in C.M.P. No.8936/2014 in Crime No.213/2014 dated 13.01.2015.

2. Heard both sides.

3. Petitioners were alleged to have committed offences under Sections 379, 420, 407 and 120(B) IPC.

4. Learned Judicial Magistrate No.II, Pollachi granted bail to the petitioners directing them to produce two sureties, who shall execute a bond for Rs.10,000/- each and out of them one should be a local surety. Inspite of the bail order, petitioners are staying in jail.

5. It is stated by the learned counsel for the petitioners that the petitioners have no person in Pollachi standing as surety, in other words, no one in Pollachi to sponsor them. https://hcservices.ecourts.gov.in/hcservices/

6. The learned counsel submits that they have very good friends in Neyveli to which they belongs.

7. In the facts and circumstances, the order of the learned Judicial Magistrate No.II, Pollachi passed in C.M.P. No.8936/2014 in Crime No.213/2014 dated 13.01.2015 is modified to the effect that there shall be two sureties, who shall belongs to Neyveli, Cuddalore District and they shall execute a bond for Rs.10,000/- each. Further, the condition to appear twice daily before the respondent police is modified to the effect that they shall appear before the respondent police twice in a week, namely, on every Monday and Friday at 10.30 a.m. until further orders. Other conditions remain as it is.

8. This Criminal Original Petition is disposed of. sri -s/d- Assistant Registrar(CS-II) Dt:9/2/2015 True Copy Sub-Assistant Registrar To

1. Judicial Magistrate No.II, Pollachi.

2. -do- thro' The Chief Judicial Magistrate, Coimbatore District.

3. The Inspector of Police, Gomangalam Police Station, Tirupur District.

4. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

+ 1 cc to Mr.M.N.Balakrishnan, Advocate SR 6058. sv(co) prk9/2 CRL.O.P. NO.2509 OF 2015 https://hcservices.ecourts.gov.in/hcservices/